Legal Question in Family Law in Indiana
My 16 year old daughter does not want to stay overnight with her father. Does she have to? What if she refuses?
We moved out of the home with him almost 3 years ago; our divorce was final 1 year ago. I did not ask for child support, but a standard visitation schedule was ordered. Since I left I have had to obtain 2 EPOs and have him arrested. My daughter is fed up with the constant badgering, threatening, arguing, and bullying from him. He never wanted a visitation schedule so we never had one, allowing him to visit whenever they decide. She stayed with him just this past thanksgiving so they could go shopping early, but that is the only time. He lives with 2 other single men; he does not have a bedroom, he sleeps on the couch and when she stayed she slept in a recliner. He has a cat that she is allergic to, so much so that she didnt go because she was miserable. He is now demanding this friday for "his weekend" and every other weened and every wed. When she's with him he tells her sexually explicit lies about me and badgers her for answers about me. He doesnt help financially at all, never has.
1 Answer from Attorneys
It seems like contact with father at all is a problem right now, not just overnights. Most judges will not insist that teen age girls spend entire weekends at their noncustodial parent's house if they don't want to, particularly if the child has school, work or other activities on the weekends. You need to ask an attorney who practices in the court where your divorce was granted to get an idea of how your judge would handle this conflict.
And for pete's sake talk to that lawyer about a child support order. Your child deserves support from both parents, whether you want it or not.
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